WORLD TRADE  
ORGANIZATION   
TN/TF/W/182 
11 July 2012  
 
(12-3755) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM THE UNITED STATES 
  
The following communication, dated 10 July 2012, is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
 
 
EXPEDITED SHIPMENTS (ARTICLE 7.7) 
 
Proposed U.S. revisions for consideration by the NGTF 
 
 
 A table format of the text is provided belo w, to allow comparison between Rev.12 and the 
proposed revisions, and to also provide explanations  for each revision.  A consolidated revised text 
immediately follows the table, for readability.    
  TN/TF/W/182 
Page 2 TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
7. Expedited Shipments 
   
7.1 Each Member [shall][may] adopt or 
maintain procedures allowing for expedited release of at least those goods entered through air cargo facilities to persons that apply for such treatment, while maintaining customs 
control.
1  If a Member employs criteria 
limiting who may apply, the Member may, in published criteria, require that the applicant shall, as conditions for the application of the procedures described in paragraph 7.2 to its 
expedited shipments: 
 7.1 Each Member [shall][may] adopt or 
maintain procedures allowing for expedited release of at least those goods entered through air cargo facilities to persons that apply for such treatment, while maintaining customs control.  If a Member 
employs criteria limiting who may apply, the 
Member may, in published criteria, require that the applicant shall, as conditions for qualifying for  the 
application of the procedures treatment described 
in paragraph s 7.2 (a) – [(f)] to its expedited 
shipments: The word "procedures" has been replaced with 
"treatment" to better reflect that subparagraphs 7.2 (a) – (f) describe the "treatment" that will be provided to goods in expedited shipments.   
 
(a) Provide adequate infrastructure [and 
reimbursement of customs-related expenses
2 to allow customs to 
process its expedited shipments], in cases where the applicant fulfils the 
Member's requirements for such 
processing to be performed at a dedicated facility;    
 
(b) Submit in advance of the arrival of an 
expedited shipment the information necessary for release;   
                                                      
1 In cases where a Member has an existing pr ocedure that provides the treatment in para graph 2, this provision would not require  that Member to introduce separate expedited 
release procedures. 
2 Consider reimbursement of customs-related expenses at non-dedicated facilities.  
   TN/TF/W/182
 Page 3TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
(c) Be assessed fees limited in amount to 
the approximate cost of services rendered in providing the customs procedures in paragraph 7.2; 
 (c) Be assessed fees limited in amount to the 
 approximate cost of services rendered in  providing the customs procedures 
 treatment described  in paragraph 7.2 (a) 
 – [(f)] ; 
 The phrase "customs procedures" has been replaced with 
"treatment" to better reflect that subparagraphs 7.2 (a) – (f) describe the "treatment" that will be provided to goods in expedited shipments.    
(d) Maintain a high degree of control 
over expedited shipments through the 
use of internal security, logistics, and tracking technology from pick-up to delivery;    
(e) Assume liability for payment of all 
customs duties, taxes, and fees and 
charges to the customs authority for 
the  goods;    
(f) Have a good record of compliance 
with customs and other related laws and regulations;    
[(g) comply with other conditions directly 
 related to the effective enforcement 
 of the Member's laws, regulations 
 and procedural requirements, if  necessary for reasons attributable to  differences between the Member's  expedited release procedures and its 
 non-expedited release procedures.] 
 [(g) comply with other conditions directly 
 related to the effective enforcement of the 
 Member's laws, regulations and procedural 
 requirements, if necessary for reasons  attributable to differences between the  Member's expedited release procedures and  its non-expedited release procedures.] (g) Alt 
comply with other conditions directly related to the effective  enforcement of the Member's laws, regulations and procedural requirements, that specifically relate to providing the  Subparagraph 7.1(g) is intende d to cover other application 
requirements not listed in subparagraphs 7.1 (a) – (f) that 
are necessary because of the differences between 
expedited release procedur es and non-expedited release 
procedures.  This general provision ensures that the subparagraphs of 7.1 comprehensively cover all requirements that are necessary but also defines the scope 
of appropriate requirements where a Member treats 
expedited shippers differently.   The text also seeks to ensure that application requirements stated in this text for expedited shipments do not duplicate general requirements for e ngaging in import and export  
  TN/TF/W/182 
Page 4 TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
treatment described in paragraphs 7.2 
(a) – [(f)]. 
 that apply to all goods/shipm ents.  Expedited shipments 
are a subset of import/export, and would already be subject to those requirements.    Some Members have indicated their view that the original 
draft of 7.1(g) does not ad equately address additional 
application requirements, beyond those stated in 7.1 (a) - (f)  that may be necessary to provide expedited treatment.  In an effort to further clarify, an alternative subparagraph (g) is proposed to better clarify that additional application 
requirements shall be relevant to providing the treatment 
described in paragraphs 7.2 (a) - [(f)], and permit paragraphs (h) - (k) to be dropped.    
[h. register with relevant authorities  within the customs territory subject to  the domestic legislation;   
 [h. register with relevant authorities 
within the customs territory subject to 
the domestic legislation;   
 We propose deletion of subparagraphs 7.1 (h) - (k), as 
these are covered by subparagraph 7.1 (g) or (g) Alt.  (See note on 7.1(g) above). 
i. fulfil the obligations of  visual 
 examination of goods in receipt 
 thereof for the purpose of trade  security; 
 i. fulfil the obligations of  visual 
examination of goods in receipt thereof 
for the purpose of trade security; 
  
j. actively report suspicious information 
 to the customs to ensure the  compliance with relevant laws and 
 regulations; and 
 j. actively report suspicious 
information to the customs to ensure the 
compliance with relevant laws and 
regulations; and 
  
k. assume liability to customs for the 
 goods in the same manner as if it is  the sole carrier.] 
 k. assume liability to customs for 
the goods in the same manner as if it is 
the sole carrier.] 
   
   TN/TF/W/182
 Page 5TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
7.2 Subject to subparagraphs 7.1 and 
7.33, the expedited release procedures shall: 
 7.2 Subject to paragraphs 7.1 and 7.33, the 
expedited release  procedures allowing for 
expedited release  shall:   Re-phrased to match text in  7.1 "allowing for expedited 
release".   
(a) Allow, prior to the arrival of an 
expedited shipment, for the submission and processing, including through electronic means, of 
information necessary for the release 
of the shipment
4; 
   
(b) Minimize the documentation required 
for the release of expedited shipments, [as appropriate], [including, to the extent possible, 
providing for release based on a 
single submission of information on all goods of de minimis  value in the 
expedited shipments;]    
(c) Provide for expedited shipments to be 
released under normal circumstances 
within [[3][6][24] hours][a 
reasonable period of time] [consistent with national rules and procedures] after arrival, provided the information required for release has been 
submitted; 
   
 
                                                      
3 This addition is intended to make clear that the treatment in paragraph 7.2 need not be provided if the conditions in paragrap h 7.1 have not been met or, as provided in 
paragraph 7.3, if authorities consider it necessary to obtain a dditional information or conduct screening or examine goods.  Al so, paragraph 7.3 has been modified to confirm that 
expedited treatment need not be provided to restricted goods. 
4 This language may be dropped from the proposed article should it be adequately addressed in the context of the proposal on rel ease and clearance.  
  TN/TF/W/182 
Page 6 TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
[(d) Apply [without regard to weight or 
 value][with respect to the nature of  the goods], [without prejudice to  the right of the Member to  differentiate documentation 
 requirements based on value or 
 consider value as part of its risk  management decisions];] 
 [(d) Apply  Be available to goods  [without 
regard to weight or value ][with respect to the 
nature of the goods] , [without prejudice to the 
right of the Member to differentiate 
documentation requirements based on value or 
consider value as part of its risk management 
decisions] ;] 
 In response to Members' questions, "Be available" is 
suggested as an alternative to "Apply", and "to goods" is added as clarification.  The clean text, still fully bracketed, would read "Be available to goods without regard to weight or value".  The changes are suggested to clarify 
that the goal of the text is to give goods access to the 
expedited channel without regard  to weight or value.   
 Recommend deleting "without prejudice to the right of the Member to differentiate doc umentation requirements…".  
Subparagraph 7.2 (d) seeks to ensure that all items, 
regardless of their weight or value, should have access to 
procedures allowing expedited release.  The goal is that all items have access to the expedited channels, meaning that they can be brought in on expedited carriers.  However, if for some items (such as high-value items) Members 
require additional documentati on, this is provided for 
under paragraph 7.2(c).  Subpara graph 7.2(c) reflects that 
the "information required for release" has to be submitted for an expedited shipment to qualify for release within a certain time period.  This means that specific documents 
or data for high value or ot her goods can still be required 
to qualify for the expedited release timeframe.  Exceptions are also provided for certain goods under 7.3.  
[(e) Allow [under conditions deemed fit  by the customs] for the release of  expedited shipments before and  without prejudice to the final 
 determination and payment of the 
 applicable customs duties, taxes, fees  and charges owed, if, where so  required, sufficient guarantee is  provided in the form of a surety, a  deposit, or some other appropriate    
   TN/TF/W/182
 Page 7TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
 instrument, covering the ultimate 
 payment of the customs duties, taxes  and fees in connection with the  importation of the expedited  shipments,
5] and 
 
[(f) Provide for a de minimis  shipment 
 value[, to the extent possible,] for 
 which customs duties and taxes will  not be collected [aside from certain  prescribed goods]
6.] 
 [(f) Provide for a de minimis shipment value [, 
 to the extent possible,]  for which customs 
 duties and taxes will not be collected  [aside from certain prescribed goods]
6.] 
 A de minimis shipment value allows a  Member to avoid 
incurring expenses and burdens  to its customs service that 
are disproportionate to the amount of revenue that would be otherwise collected.   The specific amount is left entirely to the discretion of the Member, given that each Member's situation will be  different regarding the 
burdens/costs on customs and the amount of duties 
forgone.   The phrase "aside from certain prescribed goods" is deleted, because it is covered by paragraph 7.3.  Paragraph 
7.3 provides the ability for "assessing customs duties or 
taxes" as a condition for release for those goods subject to excise taxes, or import licensing or similar requirements.   
[7.3 Nothing in these provisions shall 
affect the right of a Member to examine, detain, seize, confiscate or refuse entry to goods, or to carry out post-clearance audits, in a manner not 
otherwise inconsistent with the 
Member's WTO rights and obligations, including in connection with the use of risk management [7.3 Nothing in these provisions  this Article 
shall affect the right of a Member to 
examine, detain, seize, confiscate or refuse entry to goods, or to carry out post-clearance audits, including in connection 
with the use of risk management 
systems, in a manner not otherwise 
inconsistent with the Member's WTO 
rights and obligations , including in Outer brackets removed around paragraph 7.3 to ensure 
appropriate exceptions are provided for Members to avail themselves of when allowing expedited treatment, while inner brackets are added around the reference to excise taxes, as these appear to need  further drafting 
refinements.  
 Added "this Article" in place of "these provisions" for clarity.   
                                                      
5 This language may be dropped or modified in light of the language used in Article 7.2, release and clearance. 
6 By virtue of the fact that the goods described in the last sentence of paragraph 7.3 need not be provided expedited treatment,  the de minimis  provision would not interfere 
with collection of duties and taxes of such goods (e.g., liquor).  Furthermore, this provision would not require Members to int roduce separate de minimis shipment value for goods 
subject to expedited release procedures.  
  TN/TF/W/182 
Page 8 TN/TF/W/165/Rev.12 Proposed Revisions Explanatory Comments 
systems.  Further, for goods subject 
to licensing or similar regulatory requirements, nothing in these provisions shall prevent a Member from collecting customs duties or 
taxes or from requiring, as a 
condition for release, both the submission of additional information and the fulfilment of non-automatic licensing requirements.] 
 connection with the use of risk 
management systems .  Further, for goods 
subject to [excise taxes, or] import 
licensing or similar regulatory  
requirements, nothing in these provisions  
this Article shall prevent a Member from 
collecting customs duties or taxes , or from 
requiring, as a condition for release, both  
the submission of additional information 
and the fulfilment of non-automatic 
licensing requirements. ] 
  
Moved placement of "including in connection with the use 
of risk management systems," to streamline the sentence.  Added "excise taxes, or" gi ven that many countries 
continue to charge duties and taxes below the de minimis  
value on goods that are subject to excise taxes, which is normally a limited list of goods ( e.g.,  alcohol and 
tobacco).  Brackets have b een placed around this phrase 
given that some countries use different terminology to 
describe the tax placed on such goods, and further 
discussion is needed.    Added "import" to clarify that it is "import licensing" requirements that are being discussed.    
Deleted "regulatory" to avoid suggesting that the 
requirements need to be in "regulations."  Exception should cover goods that are regulated with special requirements such as excise tax es or licensing, even if the 
requirement is in a law. [NB: The earlier "regulatory 
requirements" was referred to the nature of the 
requirement, and was not in tended to refer just to 
"regulations," so this is not a substantive change.  Rather, 
it is intended to remove a potential ambiguity.]    
Added a comma after "duties or taxes" and deleted "both" 
for general clean-up.    TN/TF/W/182 
 Page 9 
 
 
  Proposed revised text, same as  above, provided for readability. 
 
7.1 Each Member [shall][may] adopt or maintain  procedures allowing for expedited release of at 
least those goods entered through air cargo facilities to persons that apply for such treatment, while 
maintaining customs control.1  If a Member employs criteria limiting who may apply, the Member 
may, in published criteria, require that the a pplicant shall, as conditions for qualifying for  the 
application of the procedures treatment described in paragraph s 7.2 (a) – [(f)] to its expedited 
shipments: 
(a) Provide adequate infrastructure [and reim bursement of custom s-related expenses2 to 
allow customs to process its expedited shipme nts], in cases where the applicant fulfils 
the Member's requirements for such pro cessing to be performed at a dedicated 
facility; 
(b) Submit in advance of the arrival of an expedited shipment the information necessary 
for release; 
(c) Be assessed fees limited in amount to the approximate cost of services rendered in 
providing the customs procedures treatment described  in paragraph 7.2 (a) – [(f)] ; 
(d) Maintain a high degree of control over expedited shipments through the use of 
internal security, logistics, and tracki ng technology from pick-up to delivery; 
(e) Assume liability for payment of all customs duties, taxes, and fees and charges to the 
customs authority for the goods; 
(f) Have a good record of compliance with customs and other related laws and 
regulations; 
[(g) comply with other conditions directly related to the effective enforcement of the 
Member's laws, regulations and procedural requi rements, if necessary for reasons attributable 
to differences between the Member's exped ited release procedures and its non-expedited 
release procedures.] 
(g) Alt 
comply with other conditions directly relat ed to the effective  enforcement of the 
Member's laws, regulations and procedural  requirements, that specifically relate 
to providing the treatment described in paragraphs 7.2 (a) – [(f)]. 
[h. register with relevant authorities within the customs territory subject to the 
domestic legislation;   
i. fulfil the obligations of  visual examination of goods in receipt thereof for the 
purpose of trade security; 
j. actively report suspicious information to the customs to ensure the compliance 
with relevant laws and regulations; and 
k. assume liability to customs for the goods in  the same manner as if it is the sole 
carrier.] 
                                                      
1 In cases where a Member has an existing procedure that provides the treatment in paragraph 2, this 
provision would not require that Member to introduce separate expedited release procedures. 
2 Consider reimbursement of customs-related expenses at non-dedicated facilities. TN/TF/W/182 
Page 10  
 
  7.2 Subject to paragraphs 7.1 and 7.3
3, the expedited release  procedures allowing for expedited 
release  shall:   
(a) Allow, prior to the arrival of an expe dited shipment, for the submission and 
processing, including through electronic means, of information necessary for the 
release of the shipment4; 
(b) Minimize the documentation required for the release of expedited shipments, [as 
appropriate], [including, to the extent possible, providing for release based on a single submission of information on all goods of de minimis  value in the expedited 
shipments;] 
(c) Provide for expedited shipments to be re leased under normal circumstances within 
[[3][6][24] hours][a reasonable period of time] [consistent with national rules and 
procedures] after arrival, provided the in formation required for release has been 
submitted; 
[(d) Apply  Be available to goods  [without regard to weight or value ][with respect to the 
nature of the goods] , [without prejudice to the right of the Member to 
differentiate documentation requirements based on value or consider value as 
part of its risk management decisions] ;] 
[(e) Allow [under conditions deemed fit by the customs] for the release of expedited 
shipments before and without prejudice to the final determination and payment of the 
applicable customs duties, taxes, fees and charges owed, if, where so required, 
sufficient guarantee is provided in the form of a surety, a deposit, or some other 
appropriate instrument, covering the ultimat e payment of the customs duties, taxes 
and fees in connection with the importation of the expedited shipments,5] and 
[(f) Provide for a de minimis shipment value [, to the exte nt possible,] for which customs 
duties and taxes will not be collected [aside from certain prescribed goods]6.] 
[7.3 Nothing in these provisions  this Article shall affect the right of a Member to examine, 
detain, seize, confiscate or refuse entry to goods, or to carry out post-clearance audits, including in 
connection with the use of risk management systems, in a manner not otherwise inconsistent with 
the Member's WTO rights and obligations , including in connection with the use of risk 
management systems .  Further, for goods subject to [excise taxes, or] import licensing or similar 
regulatory  requirements, nothing in these provisions  this Article shall prevent a Member from 
collecting customs duties or taxes , or from requiring, as a condition for release, both  the submission 
of additional information and the fulfilmen t of non-automatic licensing requirements. ] 
__________ 
                                                      
3 This addition is intended to make clear that the treatment in paragraph 7.2 need not be provided if the 
conditions in paragraph 7.1 have not been met or, as provided in paragraph 7.3, if authorities consider it 
necessary to obtain additional information or conduct screening or examine goods.  Also, paragraph 7.3 has 
been modified to confirm that expedited treatment need not be provided to restricted goods. 
4 This language may be dropped from the proposed article should it be adequately addressed in the 
context of the proposal on  release and clearance. 
5 This language may be dropped or modified in light of the language used in Article 7.2, release and 
clearance. 
6 By virtue of the fact that the goods described in the last sentence of paragraph 7.3 need not be 
provided expedited treatment, the de minimis  provision would not interfere with collection of duties and taxes of 
such goods (e.g., liquor).  Furthermore, this provision would not require Members to introduce separate de 
minimis  shipment value for goods subject to expedited release procedures.